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286 lines
14 KiB
286 lines
14 KiB
NASA OPEN SOURCE AGREEMENT VERSION 1.3
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THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, REPRODUCTION,
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DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE
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ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY THE
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GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY"). THE UNITED STATES GOVERNMENT,
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AS REPRESENTED BY GOVERNMENT AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY
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OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE.
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ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT
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SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING
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IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
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Government Agency: _______________
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Government Agency Original Software Designation: _______________
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Government Agency Original Software Title: _______________
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User Registration Requested. Please Visit http://_______________
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Government Agency Point of Contact for Original Software: _______________
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DEFINITIONS
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A. "Contributor" means Government Agency, as the developer of the Original
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Software, and any entity that makes a Modification.
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B. "Covered Patents" mean patent claims licensable by a Contributor that are
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necessarily infringed by the use or sale of its Modification alone or when
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combined with the Subject Software.
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C. "Display" means the showing of a copy of the Subject Software, either directly
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or by means of an image, or any other device.
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D. "Distribution" means conveyance or transfer of the Subject Software, regardless
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of means, to another.
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E. "Larger Work" means computer software that combines Subject Software, or
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portions thereof, with software separate from the Subject Software that is
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not governed by the terms of this Agreement.
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F. "Modification" means any alteration of, including addition to or deletion
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from, the substance or structure of either the Original Software or Subject
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Software, and includes derivative works, as that term is defined in the Copyright
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Statute, 17 USC 101. However, the act of including Subject Software as part
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of a Larger Work does not in and of itself constitute a Modification.
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G. "Original Software" means the computer software first released under this
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Agreement by Government Agency with Government Agency designation _______________
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and entitled _______________ , including source code, object code and accompanying
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documentation, if any.
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H. "Recipient" means anyone who acquires the Subject Software under this Agreement,
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including all Contributors.
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I. "Redistribution" means Distribution of the Subject Software after a Modification
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has been made.
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J. "Reproduction" means the making of a counterpart, image or copy of the
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Subject Software.
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K. "Sale" means the exchange of the Subject Software for money or equivalent
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value.
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L. "Subject Software" means the Original Software, Modifications, or any respective
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parts thereof.
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M. "Use" means the application or employment of the Subject Software for any
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purpose.
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GRANT OF RIGHTS
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A. Under Non-Patent Rights: Subject to the terms and conditions of this Agreement,
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each Contributor, with respect to its own contribution to the Subject Software,
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hereby grants to each Recipient a non-exclusive, world-wide, royalty-free
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license to engage in the following activities pertaining to the Subject Software:
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1. Use
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2. Distribution
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3. Reproduction
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4. Modification
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5. Redistribution
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6. Display
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B. Under Patent Rights: Subject to the terms and conditions of this Agreement,
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each Contributor, with respect to its own contribution to the Subject Software,
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hereby grants to each Recipient under Covered Patents a non-exclusive, world-wide,
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royalty-free license to engage in the following activities pertaining to the
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Subject Software:
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1. Use
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2. Distribution
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3. Reproduction
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4. Sale
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5. Offer for Sale
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C. The rights granted under Paragraph B. also apply to the combination of
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a Contributor's Modification and the Subject Software if, at the time the
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Modification is added by the Contributor, the addition of such Modification
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causes the combination to be covered by the Covered Patents. It does not apply
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to any other combinations that include a Modification.
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D. The rights granted in Paragraphs A. and B. allow the Recipient to sublicense
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those same rights. Such sublicense must be under the same terms and conditions
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of this Agreement.
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OBLIGATIONS OF RECIPIENT
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A. Distribution or Redistribution of the Subject Software must be made under
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this Agreement except for additions covered under paragraph 3H.
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1. Whenever a Recipient distributes or redistributes the Subject Software,
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a copy of this Agreement must be included with each copy of the Subject Software;
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and
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2. If Recipient distributes or redistributes the Subject Software in any form
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other than source code, Recipient must also make the source code freely available,
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and must provide with each copy of the Subject Software information on how
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to obtain the source code in a reasonable manner on or through a medium customarily
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used for software exchange.
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B. Each Recipient must ensure that the following copyright notice appears
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prominently in the Subject Software:
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[Government Agency will insert the applicable copyright notice in each agreement
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accompanying the initial distribution of original software and remove this
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bracketed language.]
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[The following copyright notice will be used if created by a contractor pursuant
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to Government Agency contract and rights obtained from creator by assignment.
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Government Agency will insert the year and its Agency designation and remove
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the bracketed language.] Copyright (c) {YEAR} United States Government as
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represented by _______________ . All Rights Reserved.
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[The following copyright notice will be used if created by civil servants
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only. Government Agency will insert the year and its Agency designation and
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remove the bracketed language.] Copyright (c) {YEAR} United States Government
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as represented by _______________ . No copyright is claimed in the United
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States under Title 17, U.S.Code. All Other Rights Reserved.
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C. Each Contributor must characterize its alteration of the Subject Software
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as a Modification and must identify itself as the originator of its Modification
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in a manner that reasonably allows subsequent Recipients to identify the originator
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of the Modification. In fulfillment of these requirements, Contributor must
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include a file (e.g., a change log file) that describes the alterations made
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and the date of the alterations, identifies Contributor as originator of the
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alterations, and consents to characterization of the alterations as a Modification,
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for example, by including a statement that the Modification is derived, directly
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or indirectly, from Original Software provided by Government Agency. Once
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consent is granted, it may not thereafter be revoked.
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D. A Contributor may add its own copyright notice to the Subject Software.
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Once a copyright notice has been added to the Subject Software, a Recipient
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may not remove it without the express permission of the Contributor who added
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the notice.
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E. A Recipient may not make any representation in the Subject Software or
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in any promotional, advertising or other material that may be construed as
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an endorsement by Government Agency or by any prior Recipient of any product
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or service provided by Recipient, or that may seek to obtain commercial advantage
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by the fact of Government Agency's or a prior Recipient's participation in
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this Agreement.
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F. In an effort to track usage and maintain accurate records of the Subject
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Software, each Recipient, upon receipt of the Subject Software, is requested
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to register with Government Agency by visiting the following website: _______________
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. Recipient's name and personal information shall be used for statistical
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purposes only. Once a Recipient makes a Modification available, it is requested
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that the Recipient inform Government Agency at the web site provided above
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how to access the Modification.
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[Alternative paragraph for use when a web site for release and monitoring
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of subject software will not be supported by releasing Government Agency]
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In an effort to track usage and maintain accurate records of the Subject Software,
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each Recipient, upon receipt of the Subject Software, is requested to provide
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Government Agency, by e-mail to the Government Agency Point of Contact listed
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in clause 5.F., the following information: _______________ . Recipient's name
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and personal information shall be used for statistical purposes only. Once
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a Recipient makes a Modification available, it is requested that the Recipient
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inform Government Agency, by e-mail to the Government Agency Point of Contact
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listed in clause 5.F., how to access the Modification.
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G. Each Contributor represents that that its Modification is believed to be
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Contributor's original creation and does not violate any existing agreements,
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regulations, statutes or rules, and further that Contributor has sufficient
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rights to grant the rights conveyed by this Agreement.
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H. A Recipient may choose to offer, and to charge a fee for, warranty, support,
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indemnity and/or liability obligations to one or more other Recipients of
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the Subject Software. A Recipient may do so, however, only on its own behalf
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and not on behalf of Government Agency or any other Recipient. Such a Recipient
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must make it absolutely clear that any such warranty, support, indemnity and/or
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liability obligation is offered by that Recipient alone. Further, such Recipient
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agrees to indemnify Government Agency and every other Recipient for any liability
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incurred by them as a result of warranty, support, indemnity and/or liability
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offered by such Recipient.
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I. A Recipient may create a Larger Work by combining Subject Software with
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separate software not governed by the terms of this agreement and distribute
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the Larger Work as a single product. In such case, the Recipient must make
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sure Subject Software, or portions thereof, included in the Larger Work is
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subject to this Agreement.
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J. Notwithstanding any provisions contained herein, Recipient is hereby put
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on notice that export of any goods or technical data from the United States
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may require some form of export license from the U.S. Government. Failure
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to obtain necessary export licenses may result in criminal liability under
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U.S. laws. Government Agency neither represents that a license shall not be
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required nor that, if required, it shall be issued. Nothing granted herein
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provides any such export license.
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DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
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A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY
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OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED
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TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS,
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ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL
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BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM
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TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, CONSTITUTE
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AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT OF ANY RESULTS,
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RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING
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FROM USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL
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WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE
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ORIGINAL SOFTWARE, AND DISTRIBUTES IT "AS IS."
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B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST
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THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL
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AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS
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IN ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING FROM SUCH
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USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S
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USE OF THE SUBJECT SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE
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UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY
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PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE REMEDY FOR
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ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
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GENERAL TERMS
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A. Termination: This Agreement and the rights granted hereunder will terminate
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automatically if a Recipient fails to comply with these terms and conditions,
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and fails to cure such noncompliance within thirty (30) days of becoming aware
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of such noncompliance. Upon termination, a Recipient agrees to immediately
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cease use and distribution of the Subject Software. All sublicenses to the
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Subject Software properly granted by the breaching Recipient shall survive
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any such termination of this Agreement.
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B. Severability: If any provision of this Agreement is invalid or unenforceable
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under applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this Agreement.
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C. Applicable Law: This Agreement shall be subject to United States federal
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law only for all purposes, including, but not limited to, determining the
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validity of this Agreement, the meaning of its provisions and the rights,
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obligations and remedies of the parties.
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D. Entire Understanding: This Agreement constitutes the entire understanding
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and agreement of the parties relating to release of the Subject Software and
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may not be superseded, modified or amended except by further written agreement
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duly executed by the parties.
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E. Binding Authority: By accepting and using the Subject Software under this
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Agreement, a Recipient affirms its authority to bind the Recipient to all
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terms and conditions of this Agreement and that that Recipient hereby agrees
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to all terms and conditions herein.
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F. Point of Contact: Any Recipient contact with Government Agency is to be
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directed to the designated representative as follows: _______________ .
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